[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2707 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2707

To amend the Clean Air Act with respect to the ethanol waiver for Reid 
         Vapor Pressure under that Act, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2023

 Mrs. Fischer (for herself, Ms. Duckworth, Mrs. Capito, Mr. Ricketts, 
   Mr. Thune, Mr. Rounds, Mr. Marshall, Ms. Ernst, Mr. Grassley, Mr. 
   Moran, Mr. Hoeven, Mrs. Hyde-Smith, Mr. Wicker, and Ms. Baldwin) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To amend the Clean Air Act with respect to the ethanol waiver for Reid 
         Vapor Pressure under that Act, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nationwide Consumer and Fuel 
Retailer Choice Act of 2023''.

SEC. 2. ETHANOL WAIVER.

    (a) Existing Waivers.--Section 211(f)(4) of the Clean Air Act (42 
U.S.C. 7545(f)(4)) is amended--
            (1) by striking ``(4) The Administrator, upon'' and 
        inserting the following:
            ``(4) Waivers.--
                    ``(A) In general.--The Administrator, on'';
            (2) in subparagraph (A) (as so designated)--
                    (A) in the first sentence--
                            (i) by striking ``of this subsection'' each 
                        place it appears; and
                            (ii) by striking ``if he determines'' and 
                        inserting ``if the Administrator determines''; 
                        and
                    (B) in the second sentence--
                            (i) by striking ``such an application'' and 
                        inserting ``an application described in 
                        subparagraph (A)''; and
                            (ii) by striking ``The Administrator'' and 
                        inserting the following:
                    ``(B) Final action.--The Administrator''; and
            (3) by adding at the end the following:
                    ``(C) Reid vapor pressure.--A fuel or fuel additive 
                may be introduced into commerce if--
                            ``(i)(I) the Administrator determines that 
                        the fuel or fuel additive is substantially 
                        similar to a fuel or fuel additive utilized in 
                        the certification of any model year vehicle 
                        pursuant to paragraph (1)(A); or
                            ``(II) the fuel or fuel additive has been 
                        granted a waiver under subparagraph (A) and 
                        meets all of the conditions of that waiver 
                        other than any limitation of the waiver with 
                        respect to the Reid Vapor Pressure of the fuel 
                        or fuel additive; and
                            ``(ii) the fuel or fuel additive meets all 
                        other applicable Reid Vapor Pressure 
                        requirements under subsection (h).''.
    (b) Reid Vapor Pressure Limitation.--Section 211(h) of the Clean 
Air Act (42 U.S.C. 7545(h)) is amended--
            (1) by striking ``vapor pressure'' each place it appears 
        and inserting ``Vapor Pressure'';
            (2) in paragraph (4), in the matter preceding subparagraph 
        (A), by striking ``10 percent'' and inserting ``10 to 15 
        percent''; and
            (3) in paragraph (5)(A)--
                    (A) by striking ``Upon notification, accompanied 
                by'' and inserting ``On receipt of a notification that 
                is submitted before January 1, 2022, or after the date 
                of enactment of the Nationwide Consumer and Fuel 
                Retailer Choice Act of 2023, and is accompanied by 
                appropriate''; and
                    (B) by striking ``10 percent'' and inserting ``10 
                to 15 percent''.

SEC. 3. GENERATION OF CREDITS BY SMALL REFINERIES UNDER THE RENEWABLE 
              FUEL PROGRAM.

    Section 211(o)(9) of the Clean Air Act (42 U.S.C. 7545(o)(9)) is 
amended by adding at the end the following:
                    ``(E) Credits generated for 2016-2018 compliance 
                years.--
                            ``(i) Credits generated for compliance year 
                        2018.--For any small refinery--
                                    ``(I) that submitted a petition 
                                under subparagraph (B)(i) for 
                                compliance year 2018 by September 1, 
                                2019;
                                    ``(II) that retired credits 
                                generated for compliance year 2018 as 
                                part of the compliance demonstration of 
                                the small refinery for compliance year 
                                2018 by March 31, 2019; and
                                    ``(III) for which--
                                            ``(aa) the petition 
                                        remained outstanding as of 
                                        December 1, 2022; or
                                            ``(bb) the Administrator 
                                        denied the petition as of July 
                                        1, 2022, and has not returned 
                                        the retired credits as of 
                                        December 1, 2022,
                        the credits shall be--
                                    ``(AA) returned to the small 
                                refinery and, notwithstanding paragraph 
                                (5)(C), deemed eligible for future 
                                compliance years; or
                                    ``(BB) applied as a credit in the 
                                EPA Moderated Transaction System (EMTS) 
                                account of the small refinery.
                            ``(ii) Credits generated for compliance 
                        years 2016 and 2017.--For any small refinery 
                        that retired credits generated for compliance 
                        years 2016 or 2017 and submitted a petition 
                        under subparagraph (B)(i) for that compliance 
                        year that remained outstanding as of December 
                        1, 2022, those generated credits shall be--
                                    ``(I) returned to the small 
                                refinery and, notwithstanding paragraph 
                                (5)(C), deemed eligible for future 
                                compliance years; or
                                    ``(II) applied as a credit in the 
                                EPA Moderated Transaction System (EMTS) 
                                account of the small refinery.''.
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